Creative contracts
Bingham, T.
Creative contracts - 2001 - Building 266(8192) 6 July 2001, 56-57(2) .
Discusses the judgment in "Fence Gate Ltd v James R Knowles Ltd" The hotel owners of Fence Gate Inn asked James R Knowles to advise them on an alleged defective kitchen floor. At arbitration, James R Knowles gave expert evidence and issue a fee note which Fence Gate refused to pay. The hotel owners argued that the adjudicator called in by James R Kowles, had no jurisdiction in this case, because the services of James R Knowles fell outside the scope of the Construction Act 1996. The adjudicator ordered Fence Gate to pay, but the hotel owners refused and took out a summons in the Technology and Construction Court. The judge concluded that for expert services to fall within the Construction Act, they must be in relation to construction operations. In the case of James R Knowles the advice had been with regard to legal proceedings.
FENCE GATE LTD V JAMES R KNOWLES LTD
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
CONSTRUCTION OPERATIONS
EXPERT SERVICES
JURISDICTION
FEES
EXPERT EVIDENCE
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
Creative contracts - 2001 - Building 266(8192) 6 July 2001, 56-57(2) .
Discusses the judgment in "Fence Gate Ltd v James R Knowles Ltd" The hotel owners of Fence Gate Inn asked James R Knowles to advise them on an alleged defective kitchen floor. At arbitration, James R Knowles gave expert evidence and issue a fee note which Fence Gate refused to pay. The hotel owners argued that the adjudicator called in by James R Kowles, had no jurisdiction in this case, because the services of James R Knowles fell outside the scope of the Construction Act 1996. The adjudicator ordered Fence Gate to pay, but the hotel owners refused and took out a summons in the Technology and Construction Court. The judge concluded that for expert services to fall within the Construction Act, they must be in relation to construction operations. In the case of James R Knowles the advice had been with regard to legal proceedings.
FENCE GATE LTD V JAMES R KNOWLES LTD
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
CONSTRUCTION OPERATIONS
EXPERT SERVICES
JURISDICTION
FEES
EXPERT EVIDENCE
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION